CHAPTER 122. STATE SUPERVISION OVER VOTING SYSTEMS

ELECTION CODE

TITLE 8. VOTING SYSTEMS

CHAPTER 122. STATE SUPERVISION OVER VOTING SYSTEMS

SUBCHAPTER A. VOTING SYSTEM STANDARDS

Sec. 122.001. VOTING SYSTEM STANDARDS. (a) A voting system may

not be used in an election unless the system:

(1) preserves the secrecy of the ballot;

(2) is suitable for the purpose for which it is intended;

(3) operates safely, efficiently, and accurately and complies

with the error rate standards of the voting system standards

adopted by the Federal Election Commission;

(4) is safe from fraudulent or unauthorized manipulation;

(5) permits voting on all offices and measures to be voted on at

the election;

(6) prevents counting votes on offices and measures on which the

voter is not entitled to vote;

(7) prevents counting votes by the same voter for more than one

candidate for the same office or, in elections in which a voter

is entitled to vote for more than one candidate for the same

office, prevents counting votes for more than the number of

candidates for which the voter is entitled to vote;

(8) prevents counting a vote on the same office or measure more

than once;

(9) permits write-in voting;

(10) is capable of permitting straight-party voting; and

(11) is capable of providing records from which the operation of

the voting system may be audited.

(b) A voting system may not be used in an election in which

straight-party voting is permitted unless the system permits or

prevents, as applicable, counting votes in accordance with

Sections 65.007(c) and (d).

(c) The secretary of state may prescribe additional standards

for voting systems consistent with this title. The standards may

apply to particular kinds of voting systems, to particular

elements comprising a voting system, including operation

procedures, or to voting systems generally.

(d) Effective January 1, 2006, a voting system may not be used

in an election if the system uses:

(1) mechanical voting machines; or

(2) a punch-card ballot or similar form of tabulating card.

(e) For an election for federal office in which a state or

federal court order has extended the time for voting beyond the

time allowed by Subchapter B, Chapter 41, a voting system must

provide a separate count of the votes cast after the time allowed

by that subchapter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 2, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 30, eff. Sept. 1, 1993; Acts

2003, 78th Leg., ch. 1315, Sec. 49, eff. Jan. 1, 2004.

Sec. 122.002. INSPECTION OF VOTING SYSTEMS AND EQUIPMENT BY

SECRETARY OF STATE. The secretary of state may inspect at any

time, including the day of an election, a voting system or the

voting system equipment used in an election to determine whether

the system or equipment complies with applicable standards or

deviates from the system or equipment approved by the secretary.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 3, eff. Sept. 1, 1987.

Sec. 122.003. ACTION BY SECRETARY OF STATE. (a) If the

secretary of state determines after inspecting a voting system or

voting system equipment that the system or equipment does not

comply with applicable standards or deviates from an approved

system or equipment, the secretary by written order may:

(1) prohibit the use of the system or equipment or any part of

the system or equipment by an authority that adopted the system

or equipment for use in an election; or

(2) limit the use of the system or equipment or any part of the

system or equipment to circumstances or conditions stated in the

order.

(b) The secretary shall amend or rescind an order issued under

this section if the secretary determines that the system or

equipment has been modified to comply with applicable standards

or to not deviate from an approved system or equipment.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 3, eff. Sept. 1, 1987.

Sec. 122.004. PREPARATION OF SOFTWARE BY SECRETARY OF STATE.

(a) The secretary of state may prepare any type of software for

use with an electronic voting system.

(b) The software is subject to the standards and examination

procedures applicable to voting systems.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 3, eff. Sept. 1,

1987.

Sec. 122.005. VENUE FOR OFFENSES. Venue for prosecution of an

offense under this chapter is in the county in which the offense

was committed.

Added by Acts 1993, 73rd Leg., ch. 728, Sec. 31, eff. Sept. 1,

1993.

SUBCHAPTER B. APPROVAL OF VOTING SYSTEM AND EQUIPMENT

Sec. 122.031. APPROVAL OF SYSTEM AND EQUIPMENT REQUIRED. (a)

Before a voting system or voting system equipment may be used in

an election, the system and a unit of the equipment must be

approved by the secretary of state as provided by this

subchapter.

(b) The secretary of state may seek a temporary restraining

order or a writ of injunction obtained through the attorney

general to prevent the use of any part of a voting system or

voting system equipment that has not been approved.

(c) A person commits an offense if the person executes a

contract to sell, lease, or otherwise provide a voting system or

voting system equipment that the person knows has not been

approved. An offense under this subsection is a Class A

misdemeanor.

(d) This section does not prohibit a person from exhibiting a

voting system or unit of voting system equipment that has not

been approved.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 32, eff. Sept. 1, 1993.

Sec. 122.032. REQUIREMENTS FOR APPROVAL GENERALLY. (a) For a

voting system or voting system equipment to be approved for use

in elections, the voting system in which the equipment is

designed to be used must comply with the standards prescribed by

Subchapter A.

(b) The secretary of state may prescribe more specific

requirements and standards, consistent with this code, for

approval of particular kinds of voting system equipment or voting

system equipment generally.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.033. ADDITIONAL REQUIREMENTS FOR APPROVAL OF VOTING

MACHINE. In addition to other requirements for approval, a

voting machine must be equipped with:

(1) a security system capable of preventing operation of the

machine;

(2) registering counters that can be secured against access;

(3) a public counter; and

(4) a protective counter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.05, eff. January 1, 2006.

Sec. 122.0331. ADDITIONAL REQUIREMENTS FOR ELECTRONIC VOTING

SYSTEM. (a) Copies of the program codes and the user and

operator manuals and copies or units of all other software and

any other information, specifications, or documentation required

by the secretary of state relating to an approved electronic

voting system and its equipment must be filed with the secretary.

(b) Materials described by Subsection (a) that are not on file

with and approved by the secretary of state, including any

updated or modified materials, may not be used in an election.

(c) The secretary of state shall periodically compare the

materials on file with the materials actually used in elections

to ensure compliance with this section.

(d) The program codes and all other software on file with the

secretary of state under this section are not public information.

The materials shall be made available to the attorney general or

the general's designee in any investigation of election

irregularities. The materials may be made available in a judicial

proceeding on the request of the court or other tribunal but may

be viewed in camera only.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1,

1987.

Sec. 122.034. APPLICATION FOR APPROVAL AND FEE. (a) A person

desiring approval of a voting system or voting system equipment

must submit a written application for approval to the secretary

of state.

(b) An applicant must include with the application an

application fee.

(c) The secretary of state shall prescribe fees for the

submission of applications under this section in amounts

reasonably necessary to administer this subchapter and compensate

examiners appointed by the secretary.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 33, eff. Sept. 1, 1993.

Sec. 122.035. APPOINTMENT OF EXAMINERS. (a) On submission of

an application for approval of a voting system or voting system

equipment, the secretary of state shall appoint four persons as

examiners, one of whom must be a full-time employee of the

secretary. The attorney general shall appoint two persons as

examiners, one of whom must be a full-time employee of the

general.

(b) Two of the secretary of state's appointees must have

demonstrated ability and experience in mechanics or electronics

appropriate to the system or equipment to be examined, and two of

the secretary's appointees must have demonstrated knowledge of

and experience in election law and procedure.

(c) Only one person employed by the secretary of state may be

appointed.

(d) A person who has a pecuniary interest in the manufacturing

or marketing of any part of a voting system or voting system

equipment is ineligible for appointment.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 34, eff. Sept. 1, 1993.

Sec. 122.036. EXAMINATION AND REPORT BY EXAMINERS. (a) The

examiners shall examine the voting system or voting system

equipment for which an application has been submitted at the time

and in the manner directed by the secretary of state.

(b) After conducting the examination, each examiner shall

prepare a written report on the examination as directed by the

secretary and deliver the report to the secretary.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.037. COMPENSATION OF EXAMINERS. (a) Each examiner

appointed under this subchapter, other than an employee of the

secretary of state or attorney general, is entitled to

compensation for services rendered in connection with an

application.

(b) The secretary of state shall set the amount of compensation

for examiners appointed by the secretary and shall use the

application fees collected under Section 122.034 to pay the

compensation.

(c) The attorney general shall set the amount of compensation

for an examiner appointed by the general and shall pay the

compensation from funds available to the general.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 35, eff. Sept. 1, 1993.

Sec. 122.0371. PUBLIC HEARING REQUIRED. (a) After the delivery

of the examiners' reports and before the determination of whether

the voting system or voting system equipment for which an

application has been submitted satisfies the applicable

requirements for approval, the secretary of state shall conduct a

public hearing to provide interested persons an opportunity to

express their views for or against the approval of the voting

system or voting system equipment being considered.

(b) Notice of the hearing is given in the manner provided by

Chapter 551, Government Code.

(c) Persons attending the hearing may express their views for or

against the approval of the voting system or voting system

equipment either orally, in writing, or both.

(d) The hearing shall be conducted in accordance with rules

adopted by the secretary of state.

Added by Acts 2005, 79th Leg., Ch.

273, Sec. 1, eff. September 1, 2005.

Sec. 122.038. ACTION BY SECRETARY OF STATE. (a) After

reviewing the examiners' reports and considering the views

expressed at the public hearing, the secretary of state shall

determine whether the voting system or voting system equipment

for which an application has been submitted satisfies the

applicable requirements for approval.

(b) The secretary may examine the system or equipment to aid in

determining whether it satisfies the requirements for approval.

(c) If the system or equipment satisfies the applicable

requirements for approval, the secretary by written order shall

approve the system or equipment of that design for use in

elections. Otherwise, the secretary shall deny the application.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Amended by:

Acts 2005, 79th Leg., Ch.

273, Sec. 2, eff. September 1, 2005.

Sec. 122.039. REPORT BY SECRETARY OF STATE. (a) The secretary

of state shall prepare a written report on each application

submitted under this subchapter. The report must state whether

the system or equipment was approved and the reasons for approval

or denial.

(b) The secretary shall attach the examiners' reports to the

report prepared under this section and permanently retain the

reports on file.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

SUBCHAPTER C. MODIFICATION IN DESIGN OF APPROVED SYSTEM OR

EQUIPMENT

Sec. 122.061. APPROVAL OF MODIFIED DESIGN REQUIRED. Before a

voting system or voting system equipment that is modified in

design after its approval may be used in an election, the

modified design must be approved by the secretary of state as

provided by this subchapter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.062. REQUIREMENTS FOR APPROVAL. The requirements for

approval of a modified design are the same as those prescribed by

Subchapter B for the initial approval of the voting system or

voting system equipment.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.063. APPLICATION FOR APPROVAL. A person desiring

approval of a modified design must submit a written application

for approval to the secretary of state.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.064. REVIEW OF APPLICATION. (a) The secretary of

state shall review an application for approval of a modified

design.

(b) The secretary may approve the modified design by written

order if the design satisfies the applicable requirements for

approval.

(c) If the secretary does not approve the modified design, the

secretary by written order shall:

(1) invite the applicant to submit additional information in

support of the application, submit the modified system or

equipment itself, or both; or

(2) require an examination of the modified system or equipment

by independent examiners.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.065. REVIEW AND EXAMINATION OF ADDITIONAL MATERIAL.

(a) The secretary of state shall review additional information

in support of an application and examine the modified system or

equipment submitted.

(b) The secretary may approve the modified design by written

order if the design satisfies the applicable requirements for

approval.

(c) If the secretary does not approve the modified design, the

secretary by written order shall require an examination of the

modified system or equipment by independent examiners.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.066. EXAMINATION FEE. (a) The secretary of state

shall prescribe an examination fee or fee schedule to compensate

examiners appointed by the secretary under this subchapter.

(b) The fee for an examination may not exceed the fee for an

application for initial approval of a voting system or voting

system equipment.

(c) If the secretary orders an independent examination of the

modified system or equipment, the secretary may not appoint

examiners until the secretary receives the examination fee.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 36, eff. Sept. 1, 1993.

Sec. 122.067. APPOINTMENT OF EXAMINERS. (a) If the secretary

of state requires an independent examination of the modified

system or equipment, the secretary shall appoint four persons as

examiners, one of whom must be a full-time employee of the

secretary. The attorney general shall appoint two persons as

examiners, one of whom must be a full-time employee of the

general.

(b) To be eligible for appointment as an examiner under this

section, a person must be eligible for appointment as an examiner

for an application for initial approval of a system or equipment.

Only one employee of the secretary of state may be appointed.

(c) Two of the secretary of state's appointees must have

demonstrated ability and experience in mechanics or electronics

appropriate to the system or equipment to be examined.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 37, eff. Sept. 1, 1993.

Sec. 122.068. EXAMINATION AND REPORT BY EXAMINERS. The

examiners shall examine the modified system or equipment and

prepare and deliver examination reports in the same manner as for

an application for initial approval of a system or equipment.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.069. COMPENSATION OF EXAMINERS. (a) Subject to

Subsections (b) and (c), an examiner appointed by the secretary

of state under this subchapter, other than the secretary's

employee, is entitled to compensation in an amount set by the

secretary.

(b) The compensation rate for each examiner appointed by the

secretary of state for the same examination must be uniform.

(c) The total compensation paid to the examiners appointed by

the secretary of state for the same examination may not exceed

the examination fee.

(d) The secretary of state shall use the examination fees

collected under Section 122.066 to pay the compensation to

examiners appointed by the secretary.

(e) An examiner appointed by the attorney general under this

subchapter, other than an employee of the general, is entitled to

compensation in an amount set by the general. The attorney

general shall pay the compensation from funds available to the

general.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 38, eff. Sept. 1, 1993.

Sec. 122.0691. PUBLIC HEARING REQUIRED. (a) This section

applies only if an examination of the modified design by

independent examiners was conducted.

(b) After the delivery of the examiners' reports and before the

determination of whether the modified design satisfies the

applicable requirements for approval, the secretary of state

shall conduct a public hearing in the same manner as for the

initial approval of a system or equipment.

Added by Acts 2005, 79th Leg., Ch.

273, Sec. 3, eff. September 1, 2005.

Sec. 122.070. ACTION BY SECRETARY OF STATE. (a) After

reviewing the examiners' reports and considering the views

expressed at the public hearing, the secretary of state shall

determine whether the modified design satisfies the applicable

requirements for approval.

(b) The secretary may examine the modified system or equipment

to aid in determining whether it satisfies the requirements for

approval.

(c) If the modified design satisfies the applicable requirements

for approval, the secretary by written order shall approve the

system or equipment of that design for use in elections.

Otherwise, the secretary shall deny the application.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Amended by:

Acts 2005, 79th Leg., Ch.

273, Sec. 4, eff. September 1, 2005.

Sec. 122.071. REPORT BY SECRETARY OF STATE. (a) The secretary

of state shall prepare a written report on each application

submitted under this subchapter. The report must state whether

the modified design was approved and must include a description

of and the reason for the action ordered.

(b) If an examination by independent examiners was conducted,

the secretary shall attach the examiners' reports to the report

prepared under this section.

(c) The secretary shall permanently retain reports prepared

under this subchapter on file with the secretary's report on the

application for initial approval of the system or equipment.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

SUBCHAPTER D. REEXAMINATION OF VOTING SYSTEM OR EQUIPMENT

Sec. 122.091. REEXAMINATION OF APPROVED SYSTEM OR EQUIPMENT

AUTHORIZED. (a) The secretary of state may reexamine a voting

system or voting system equipment as provided by this subchapter

at any time after the system or equipment is approved under

Subchapter B or C.

(b) The secretary of state may suspend approval for use of a

voting system or voting system equipment if the system or

equipment is not submitted for reexamination under this

subchapter on the request of the secretary.

(c) The secretary of state may prescribe fees in amounts

reasonably necessary to administer this subchapter and compensate

examiners appointed by the secretary.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 39, eff. Sept. 1, 1993.

Sec. 122.0911. ASSISTANCE REQUIRED BY SECRETARY OF STATE. (a)

If the secretary of state determines that the assistance of a

particular person is necessary for the proper and efficient

reexamination of a voting system or voting system equipment under

this subchapter, the secretary may require that person to provide

the necessary assistance as provided by this section.

(b) The secretary of state shall deliver written notice to a

person whose assistance is required not later than 72 hours

before the date the reexamination is scheduled to occur. The

notice must state:

(1) that the person is required to provide assistance under

Section 122.0911, Election Code;

(2) the nature of the assistance that is required; and

(3) the date, hour, and place of the reexamination.

(c) A person who, after proper notice, fails to provide the

assistance required by the secretary of state is civilly liable

to the state for $100 for each day that the person fails to

comply. The secretary of state shall notify the attorney general

to initiate suit to recover the penalty.

Added by Acts 1993, 73rd Leg., ch. 728, Sec. 40, eff. Sept. 1,

1993.

Sec. 122.092. APPOINTMENT OF EXAMINERS. (a) The secretary of

state shall appoint four persons as examiners, one of whom must

be a full-time employee of the secretary, to assist in a

reexamination of an approved voting system or voting system

equipment. The attorney general shall appoint two persons as

examiners, one of whom must be a full-time employee of the

general.

(b) Two of the secretary of state's appointees must have

demonstrated knowledge of and experience in the operation of the

system or equipment.

(c) Only one person employed by the secretary of state may be

appointed.

(d) A person who has a pecuniary interest in the manufacturing

or marketing of any part of a voting system or voting system

equipment is ineligible for appointment.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 41, eff. Sept. 1, 1993.

Sec. 122.093. EXAMINATION AND REPORT BY EXAMINERS. (a) The

examiners shall examine the system or equipment to be reexamined

at the time and in the manner directed by the secretary of state.

(b) After conducting the examination, each examiner shall

prepare a written report on the examination as directed by the

secretary and deliver the report to the secretary.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.094. COMPENSATION OF EXAMINERS. (a) An examiner

appointed under this subchapter, other than an employee of the

secretary of state or attorney general, is entitled to

compensation for services rendered in connection with a

reexamination.

(b) The secretary of state shall set the amount of compensation

for examiners appointed by the secretary and shall use the fees

collected under Section 122.091 to pay the compensation.

(c) The attorney general shall set the amount of compensation

for an examiner appointed by the general and shall pay the

compensation from funds available to the general.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 42, eff. Sept. 1, 1993.

Sec. 122.0941. PUBLIC HEARING REQUIRED. After the delivery of

the examiners' reports and before the determination of whether

the reexamined voting system or voting system equipment satisfies

the applicable requirements for approval, the secretary of state

shall conduct a public hearing in the same manner as for the

initial approval of a system or equipment.

Added by Acts 2005, 79th Leg., Ch.

273, Sec. 5, eff. September 1, 2005.

Sec. 122.095. ACTION BY SECRETARY OF STATE. (a) After

reviewing the examiners' reports and considering the views

expressed at the public hearing, the secretary of state shall

determine whether the voting system or voting system equipment

subject to reexamination satisfies the applicable requirements

for approval of the system or equipment for use in elections.

(b) The secretary may examine the system or equipment to aid in

determining whether it satisfies the requirements for approval.

(c) If the reexamined system or equipment does not satisfy the

applicable requirements for approval, the secretary by written

order shall:

(1) suspend approval of the system or equipment;

(2) suspend approval for future use of the system or equipment;

or

(3) give conditional approval of the system or equipment.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Amended by:

Acts 2005, 79th Leg., Ch.

273, Sec. 6, eff. September 1, 2005.

Sec. 122.096. EFFECT OF SECRETARY OF STATE'S ACTION. (a) A

voting system or voting system equipment for which approval is

suspended may not be used in an election held after the date the

suspension order is issued.

(b) A voting system or voting system equipment for which

approval for future use is suspended may not be used in an

election held after the date the suspension order is issued

unless the system or equipment was adopted for use in the

election before the date the suspension order is issued. In that

case, the system or equipment may be used in that election only.

(c) A voting system or voting system equipment for which

conditional approval is given may not be used in an election held

after the date the conditional approval order is issued except in

accordance with conditions prescribed by the conditional approval

order.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.097. NOTICE OF SECRETARY OF STATE'S ACTION. Not later

than the fifth day after the date an order taking action under

Section 122.095(c) is issued, the secretary of state shall

deliver a copy of the order to the presiding officer of each

political subdivision that owns or leases a system or equipment

subject to the order.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.098. SUBSEQUENT APPROVAL. If a voting system or voting

system equipment subject to an order under Section 122.095(c) is

subsequently approved under Subchapter B, the approval nullifies

the order.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Sec. 122.099. REPORT BY SECRETARY OF STATE. (a) The secretary

of state shall prepare a written report on each reexamination.

The report must state whether the system or equipment satisfied

the approval requirements and must include a description of and

the reason for the action ordered.

(b) The secretary shall attach the examiners' reports to the

report prepared under this section and permanently retain the

reports on file with the secretary's report on the application

for initial approval of the system or equipment.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.